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Barcelona Court Orders Mango to Pay €750,000 Over Unauthorized NFTs

It concludes that creating NFTs from Miró, Tàpies, Barceló paintings without proper authorization infringed artists’ rights under Spanish law.

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La tienda de Mango en Nueva York.

Overview

  • The Audiencia de Barcelona ruled that Mango’s 2022 creation of NFTs for its Fifth Avenue store launch exceeded the scope of its ownership of the original artworks
  • Judges held that possessing physical paintings via Punto Na does not grant reproduction, transformation or public communication rights for digital assets
  • Mango must destroy the infringing NFTs and compensate VEGAP with €750,000 for violating the artists’ patrimonial and moral rights
  • The ruling overturns a 2024 mercantile court decision in Mango’s favor and the company plans to appeal to Spain’s Supreme Court
  • Legal analysts view the verdict as a precedent underscoring the need for explicit artist consent before minting NFTs from physical art